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Decision Text

ARMY | BCMR | CY1990-1993 | 9006830
Original file (9006830.rtf) Auto-classification: Denied
APPLICANT REQUESTS: That his general discharge be upgraded to honorable and the narrative reason for separation be reflected as medical disability.
APPLICANT STATES : That he should have received an honorable discharge for medical reasons because he incurred his illness and nervous condition while on active duty. Instead, he was given a general discharge which was aggravated by the fact that he received no compensation for his illnesses and mental condition. He contends that he was raped while in the service and that rape left a psychological scar that requires constant treatment. He includes a copy of a statement he says is from an eye witness to the rape. He also claims that since he did not receive treatment for a bipolar disorder he ruined his career by going AWOL. He still has emotional and physical disabilities that are under treatment by the VA and are factual reasons why his discharge should be upgraded.

EVIDENCE OF RECORD : The applicant's military records show:

He enlisted in the Regular Army for 3 years on 16 October 1979 and served 2 years, 7 months and 9 days including 2 years in Germany. He received a general discharge on 24 May 1982 under the provisions of Army Regulation 635-200, Chapter 15 for homosexuality. The highest pay grade he held was E-4. He had one period of AWOL for 20 days during his term of service.

His awards include the National Defense Service Medal, the Army Achievement Medal, the Overseas Service Ribbon and the Army Service Ribbon.

In March 1982 his commander recommended that he be discharged for homosexuality. After consultation with counsel, he opted to waive consideration of his case by a board of officers or to provide statements in his own behalf. Thereafter, the appropriate authority approved his discharge and directed issuance of a General Discharge Certificate. The record is incomplete as to the circumstances of his discharge, however, regularity of the discharge action is presumed based on the documents indicating that the applicant waived his rights regarding the discharge.

The applicant’s medical records reflect that during his service he sought treatment for a variety of ailments and injuries the most significant being a ganglion cyst of the left wrist, hypertension, dizziness and blackouts and alcohol addiction. Insofar as his allegation of rape is concerned, there is no documentation to support that the event occurred, indeed, he himself states that it was not reported. The witness statement, included with his request, supposedly confirms that the rape took place. However, it provides no information as to the declarer’s source of knowledge of the event or his relationship to the applicant.

The evidence of record does not show that he was ever treated for a bipolar disorder during his service or that he was under any psychiatric treatment for other than his addiction.



DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

DETERMINATION : The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE :

GRANT

GRANT FORMAL HEARING

DENY APPLICATION




                                                      Karl F. Schneider
                                                      Acting Director

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